February 11, 2020

February 11, 2020 PB Re-organizational/Regular Meeting minutes
 
 
The February 11, 2020 meeting of the Point Pleasant Beach Planning Board opened at 7:00 pm.  The Clerk read the notice of compliance with the "Open Public Meetings Act.  Present were Board members: Mr. Ritchings, Mr. Woolley, Mr. Bixby, Mr. Paesano, Mayor Kanitra, Councilman Migut, Mr. Calderone, Mr. Cavagnaro and Ms. Villani
 
The following Board member took oath of office – Woolley, Cavagnaro, Calderone, Paesano and Villani
Re-organization meeting
 
Motion by Councilman Migut, second by Mr. Cavagnaro to nominate Mr. Ritchings as Chairman

In favor:  Bixby, Woolley, Cavagnaro, Kanitra, Ritchings, Migut, Calderone, Paesano and Mills
Opposed:  None

Motion by Mr. Cavagnaro, second by Mayor Kanitra to nominate Glen Paesano as Vice Chairman –

In favor:  Bixby, Woolley, Cavagnaro, Kanitra, Ritchings, Migut, Calderone, Paesano and Mills
Opposed:  None
 
Motion by Councilman Migut, second by Mr. Ritchings to nominate John Mele of Maser Engineering as Board Engineer
 
In favor:  Bixby, Woolley, Cavagnaro, Kanitra, Ritchings, Migut, Calderone, Paesano and Mills
Opposed:  None
 
Motion by Ms. Mills second by Councilman Migut to designate the Asbury Park Press and the Ocean Star as the Boards official newspapers.
 
In favor:  Bixby, Woolley, Cavagnaro, Kanitra, Ritchings, Migut, Calderone, Paesano and Mills
Opposed:  None

Motion by Ms. Mills, second by Mayor Kanitra to appoint Glen Paesano liaison to the Open Space Committee.
 
In favor:  Bixby, Woolley, Cavagnaro, Kanitra, Ritchings, Migut, Calderone, Paesano and Mills
Opposed:  None

Motion by Chairman Ritchings, second by Councilman Migut to memorialize the minutes of December 4, 2019 –
 
In favor:  Ritchings, Migut, Bixby and Villani
Opposed:  None
 
Motion by vice chair Paesano, second by Councilman Migut to approve the 2020 meeting dates.
 
In favor:  Bixby, Woolley, Cavagnaro, Kanitra, Ritchings, Migut, Calderone, Paesano and Mills
Opposed:  None
 
 
 Application – 2019-412 – Dominick Butta – 403 – 405 Sea Avenue – Block – 178.02; lot 14 -The applicant proposes to split the space into two separate retail spaces.         
 
John Jackson attorney for applicant reviewed proposed application. Power Point presentation entered as A3 (20 pages).  John Jackson stated that this property has been a retail space. John Jackson stated that the building has been there for a number of years. The building does not have any parking spaces. John Jackson stated that the only parking is on street parking.
 
 
Dominick Butta, applicant sworn, reviewed building layout and showed that he would like to put a wall up so he can rent the front retail space. Dominick Butta explained how the handy-cap would access the building and where the ADA compliant bathroom would be located. Described the break room area and additional bathroom.  Elaine Petrillo believed that this is an expansion of use by adding a second retail space. The space will be retail, wholesale or storage. The applicant presently has a sales nod marketing company for electronics. He keeps a small amount of inventory for “Just in time goods”. Currently looking to add an additional space. Not sure who will be renting it at this time – it will be a permitted use. Dominick Butta stated that he allows the Ark to use his two parking spots and the Ark is fine with him utilizing their parking spaces. There is no written agreement. The parking lot across the street also belongs to the Ark with a town easement (paper street) next to the tracks.
 
Vice Chair Paesano inquired if there is room for a fire engine to access the property – Councilman Migut stated that one side of the street is painted yellow. Vice Chair Paesano clarified that one of the parking spaces is where the loading dock is. Ms. Villani questioned hours of operation – 9 to 5pm presently.  Mr. Villani is worried about the amount of traffic at the dinner hour with the restaurant being busy.  Mayor Kanitra stated that the fear seems to be the unknown – is there a way to restrict retail in the front and office in the back? John Mele responded that the restriction is possible and informed the board that if they feel the use causes an intensity they can vote in the negative. John Mele referenced there has to be cross access to get to the concrete pad – the board has to use their discretion to have the applicant reach out to the Ark for a shared access agreement.
 
Mr. Paesano questioned what uses are permitted and what is the worst-case scenario for parking? Mr. Paesano said the difference for him would be a parking agreement with the Ark restaurant. Ms. Villani agrees – a second retail store increases the intensity and increases the need for parking, trash and loading space. John Mele stated there are a couple of items the applicant would need relief for.  Mr. Paesano stated this will double the impact. John Mele stated that area “A” on the plan is accessed from the loading door in rear – front door would access the front retail area noted as “B”.  Lot 13 is the parking stalls along the north fence which is owned by the Ark.  Mayor Kanitra stated that if you didn’t come before us it would still be a retail business with one use. Mayor Kanitra would like some kind of assurance that the applicant will not change his use. The applicant agrees to that condition – so any change of use will come back before the board for approval.
 
The board agrees that the businesses will have to depend on street parking.  Chairman Ritchings feels an occupied building is better for the Borough. John Jackson said they can bring Tony from the Ark back to say they have a parking agreement. Ms. Villani believes that would be beneficial.
 
The board would like the plans changed to reflect access to both spaces from rear loading door. Rear sign will not be illuminated – front of building will conform to code requirements. The Mayor believes we should proceed with the vote assuming they do not have a parking agreement.
 
The applicant has agreed to conditions and will provide the board with revised plans prior to memorialization for review by the board engineer. 
 
Deliberations   
               
Councilman Migut is satisfied that the business will be able to operate. It is what it is – parking is for want everywhere – it is better to have a full building than an empty building on a major highway.  Nice to see a tenant in there for the summer.
 
Mayor Kanitra believes we are down playing the affect on the community – we are decreasing the retail space which he believes will decrease the parking demand. We are putting prohibitions on the secondary space to where it will just be office and retail which requires less parking. If I thought it would have any negative impact to the residents, I would be totally against it. I do not see any way this blows up with 15 cars parking in the neighborhood.
 
Mr. Paesano thinks it is a big issue about what you do with this building. Additional parking would help this business be successful. By continuing to increase the impact we are setting it up for failure.

 
Motion by Councilman Migut, second by Mayor Kanitra to approve application – 2019-412 – Dominick Butta – 403 – 405 Sea Avenue – Block – 178.02; lot 14 -The applicant proposes to split the space into two separate retail spaces with conditions
 
In favor:    Bixby, Woolley, Kanitra, Migut, Calderone and Ritchings
Opposed:  Cavagnaro, Paesano and Mills
 
Application approved with conditions
 
Meeting adjourned at 9:20pm
 
 
Attest: Karen L. Mills,
 Clerk/Secretary of the Board